Yogesh Sharma & Ors. v. State of Punjab

CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.S.S.Behl, Advocate for the petitioners. Ms.Jaspreet Kaur, AAG, Punjab. Mr.Sandeep S. Majithia, Advocate for the complainant. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) This Court on 1.3.2012 had passed the following order:- “The present petition has been filed under Section 438 Cr.P.C. for grant of pre-arrest bail to the petitioners in case FIR No.1 dated 21.1.2012 registered at Police Station D Division, Amritsar, under Sections 406 and 498-A IPC. Learned counsel for the petitioners contends that petitioner No.1-Yogesh Sharma and petitioner No.2-Ashwani Kumar are younger brothers of father-in-law of Anuradha, daughter of complainant-Devinder Pal, whereas petitioner No.3-Kusum is wife of petitioner No.2. Learned counsel submits that petitioner No.1 is 57 years old and is having two Crl. Misc. No.M-5978 of 2012 [2] children aged 33 and 31 years, respectively, whereas petitioner No.2 is aged 44 years and is having a child aged 14 years. It is contended that petitioners No.1 and 2 have nothing to gain from the matrimonial affairs of Vishal Kumar, son of their elder brother. Further contended that Vishal Kumar and Anuradha, after their marriage, had migrated to Canada and are residing there. Learned counsel for the petitioners has drawn my attention to order dated 24.2.2012, passed by this Court in Criminal Misc. No. M-5444 of 2012 in case of Lalita, sister of father-in-law of Anuradha, wherein the following observations have been made:-

...He further submits that false allegations have been levelled against the petitioner and seven members of the family are implicated in the present case. Relies upon Preeti Gupta and Another v. State of Jharkhand and Another 2010(4) Recent Criminal Reports 45.

Issue notice of motion to the Advocate General, Punjab, for 14.3.2012. To be heard along with Criminal Misc. No. M-5444 of

2012. Meanwhile, in the event of arrest, the petitioners shall be admitted to interim bail on their furnishing personal and surety bonds to the satisfaction of the Arresting/Investigating Officer. The petitioners shall, however join the investigation as and when called for and they will also abide by the conditions as specified under Section 438 (2) Cr.P.C.” Counsel for the State, on instructions from ASI Baljinder Singh, Police Station Women Cell, Amritsar states that the petitioners have joined the investigation and are not further required by the investigating agency. For the reasons stated in order dated 1.3.2012 and the statement made by counsel for the State, the present petition is accepted. Interim bail granted to the petitioner vide order dated 1.3.2012 is made absolute. In the Crl. Misc. No.M-5978 of 2012 [3] event of arrest, the petitioners shall be released on bail to the satisfaction of Arresting/Investigating Officer till filing of report under Section 173 Cr.P.C. Thereafter, the petitioners shall be permitted to furnish regular bail bonds to the satisfaction of the trial Court. They shall continue to appear before the Arresting/Investigating Officer as and when called for. They shall abide by the conditions as specified under Section 438(2) Cr.P.C. March 14, 2012. RC ( KANWALJIT SINGH AHLUWALIA ) JUDGE